as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

These claims for board and lodging and for fees are to be submitted through the intermediary of the respective Government.

Article X. Everything found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime, or which may be material as evidence in making proof of the crime, shall so far as practicable, according to the laws of either of the High Contracting Parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected.

Article XI. The stipulations of the present Treaty shall be applicable to all territory wherever situated, belonging to either of the High Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control.

Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence of such agents from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraph, other than the United States or Austria, requisitions may be made by superior consular officers. Requisitions for surrender with accompanying documentary proofs shall be required to be translated by the Government which has preferred the demand for extradition into the language of the surrendering Government.

The arrest and detention of a fugitive may be applied for on information, even by telegraph, of the existence of a judgment of conviction or of a warrant of arrest.

In Austria, the application for arrest and detention shall be addressed to the Federal Chancellor, who will transmit it to the proper department.

In the United States, the application for arrest and detention shall be addressed to the Secretary of State, who shall deliver a mandate certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute.

In case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force.

The person provisionally arrested shall be released, unless within three months from the date of commitment in the United States-or from the date of arrest in Austria, the formal requisition for surrender, with the documentary proofs hereinafter described, be made as aforesaid by the diplomatic agent of the demanding Government, or in his absence, by a consular officer thereof.

If the fugitive criminal shall have been convicted of the crime for which his extradition is asked, a copy of the sentence of the court before which such

conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case.

Article XII. In every case of a request made by either of the High Contracting Parties, for the arrest, detention or extradition of fugitive criminals, the appropriate legal officers of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every appropriate legal means within their power.

Article XIII. The present Convention shall be ratified by the High Contracting Parties, in accordance with their respective constitutional methods. and shall take effect on the thirtieth day after the date of the exchange of ratifications, which shall take place at Vienna as soon as possible, but it shall not operate retroactively.

3

On the day when the present Convention takes effect, the Convention of July 3, 1856 shall cease to be in force except as to crimes therein enumerated and committed prior to the date first mentioned.

The present Convention shall remain in force for a period of six months after either of the two Governments shall have given notice of a purpose to terminate it.

In witness whereof the above named Plenipotentiaries have signed the present Treaty and have hereunto affixed their seals.

Done in duplicate at Vienna this 31st day of January nineteen hundred and thirty.

At the moment of signing the Treaty of Extradition between the United States of America and the Republic of Austria, I have the honor to state that I have been duly authorized to inform Your Excellency that in the event of the conviction in the United States of a person extradited from Austria where such conviction is followed by a sentence of death, the Government

TS 9, ante, p. 211.

of the United States will undertake to recommend to the appropriate authorities the exercise of mercy by way of the commutation of the sentence to life imprisonment.

Accept, Excellency, the renewed assurances of my highest consideration. ALBERT H. WASHBURN

I have the honor, in the name of the Federal Government, to acknowledge the receipt of the note which Your Excellency sent me on the occasion of the signing of the treaty between the Republic of Austria and the United States of America for the extradition of criminals, and to take note of the declaration therein contained according to which Your Excellency has been empowered to inform me that the Government of the United States, in the event of a person delivered by Austria being found guilty in the said State and sentenced to death, the gracious commutation of the death penalty to a life imprisonment will be recommended.

Accept, Excellency, the renewed assurances of my most distinguished and highest consideration.

His Excellency

SCHOBER

Mr. ALBERT HENRY WASHBURN,

Envoy Extraordinary and Minister Plenipotentiary of the United

States of America in Vienna.

DEBT FUNDING

Agreement signed at Washington May 8, 1930
Operative from January 1, 1928

Modified by agreement of September 14, 1932 1

Treasury Department print

AGREEMENT, Made the eighth day of May, 1930, at the City of Washington, District of Columbia, between THE FEDERAL GOVERNMENT OF THE REPUBLIC OF AUSTRIA, hereinafter called AUSTRIA, party of the first part, and THE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereinafter called THE UNITED STATES, party of the second part

WHEREAS, Austria is indebted to the United States as of January 1, 1928, upon an obligation designated as bond No. 1, Relief series B of 1920 in the principal amount of $24,055,708.92, together with interest accrued and unpaid thereon; and

WHEREAS, Austria desires to liquidate said indebtedness to the United States, both interest and principal, through the issue of bonds to the United States, and the United States is prepared to accept bonds from Austria upon the terms hereinafter set forth;

Now, therefore, in consideration of the premises and of the mutual covenants herein contained, it is agreed as follows:

1. Amount of Indebtedness.-The amount of indebtedness to be liquidated is $34,630,968.68 which has been computed as follows:

Principal of relief obligations . .

Accrued and unpaid interest from September 4, 1920, to
January 1, 1928, at 6% per annum

Total indebtedness as of January 1, 1928

$24, 055, 708.92

10, 575, 259. 76

$34, 630, 968. 68

2. Payment. In order to provide for the liquidation of the indebtedness, Austria agrees to pay and the United States to accept the sum of $33,428,500, to be paid in twenty-five equal annual installments of $1,337,140 each, on the first day of January, 1943, and on the first day of January of each of the subsequent years to 1967, inclusive. In lieu of these twenty-five payments Austria may, at its option, issue to the United States, at par, bonds of Austria 1 Post, p. 376.

in the aggregate principal amount of $24,614,885, dated January 1, 1928, and maturing serially on the several dates and in the amounts fixed in the following schedule:

PROVIDED, HOWEVER, That if Austria shall exercise this option, the obligation of Austria to pay annuities during the years 1929 to 1943 will in the case of each annuity not arise if the Trustees of the Reconstruction Loan of 1923 prior to the preceding December first have raised objection to the payment of the annuity in question on the due date. To the extent, if any, that any such annuity is not paid by reason of such objection on the part of the Trustees, the amount thereof together with interest at 5 per cent per annum compounded annually to December 31, 1943, shall be repaid together with further interest at 5 per cent per annum by twenty-five equal annuities on January 1 of each of the years 1944 to 1968 inclusive. Austria shall issue its bond to the United States for each of the twenty-five annuities similar in form to the bonds first to be issued hereunder, but bearing interest at the rate of 5 per cent per annum, and maturing serially on January 1st of each of the years 1944 to 1968, inclusive.

Austria agrees that no payment shall be made upon or in respect of any of its obligations issued to the Relief Creditor Nations, to wit, Denmark, France, Great Britain, Holland, Italy, Norway, Sweden and Switzerland before, at or after maturity, whether for principal or for interest, unless a similar and proportionate payment shall simultaneously be made upon the relief indebtedness of Austria to the United States as set forth above.

3. Form of Bond.-All bonds issued or to be issued hereunder to the United States shall be payable to the Government of the United States of